ConCom to try again for local wetland bylaw

MIDDLEBORO — The Conservation Commission has drafted a local wetland bylaw and plans to submit the document for action at the annual town meeting next spring.

Commission Vice Chairman Steven Ventresca met with the selectmen last week to present the proposed bylaw. He said the commission is looking for support from other town officials.

The selectmen voted to place the proposed bylaw on the spring warrant.

Local bylaws have been turned down by town meeting voters in the past, with opponents arguing that the state Wetland Protection Act is designed to provide the protection that the Conservation Commission has sought through a local bylaw, and that the commission was seeking additional authority that would impede property owners who want to build homes or develop their land. Proponents have said local bylaws give conservation commissions the ability to tailor protection to a particular community and to deal with wetland issues such as vernal pools.

During last week's brief discussion, Mr. Ventresca said the proposed bylaw would allow the Conservation Commission to promulgate regulations to address vernal pools — generally defined as seasonally flooded depressions — and other issues. He said the bylaw would increase wetland protection by allowing the commission to assess penalties for violations and to assess administrative fees to applicants.

The proposed bylaw would also require abutters within a 300-foot radius to be notified of a public hearing before the commission. Currently, only those within 100 feet must be notified.

"If a project is on the river, for instance, you might not catch people who are affected downstream (with the current requirement for notice)," Mr. Ventresca said.

Mr. Ventresca said the commission discussed the need for a local bylaw about a year ago, and members were not in total agreement. He said the commission voted 5-2 to work on a bylaw.

Asked whether the commission planned to hold public hearings on the bylaw, Mr. Ventresca said the issue has been on the commission's agenda for the past three to six months.

"Our meetings are open to the public," he said.

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